Web Site Terms of Use – Freestyle Solutions

Welcome to the Freestyle Solutions, Inc. (“FREESTYLE SOLUTIONS”) web site, FREESTYLE SOLUTIONS.com (the “Web Site”). Please review the following terms and conditions concerning your use of this Web Site. By accessing, using or downloading information, documents, software, or any other materials from the Web Site, you agree to follow and be bound by these terms of use (the “Terms”), which FREESTYLE SOLUTIONS may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that FREESTYLE SOLUTIONS may, at its sole discretion, terminate your access to this Web Site at any time without notice.

Intellectual Property Rights

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively “Materials”), are provided either by FREESTYLE SOLUTIONS or by their respective affiliated companies, third-party manufacturers, authors, developers and vendors (“Third Party Providers”) and are protected by applicable laws. All copyright, trademark, and other rights in the Web Site and Materials and any modifications or derivatives thereof, as well as all services relating thereto, are owned by and all rights reserved to FREESTYLE SOLUTIONS, its affiliated companies and/or its Third-Party Providers.

Use of Web Site Content

FREESTYLE SOLUTIONS grants you to revocable right to display, copy, distribute and download FREESTYLE SOLUTIONS’ Materials on this Web Site provided that: (1) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied, posted or otherwise transmitted on any publicly networked computer, broadcast in any media, or used for commercial gain; and (2) the Materials are not modified in any way. Except as expressly provided in these Terms, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of FREESTYLE SOLUTIONS or the Third-Party Provider. Also, you may not “mirror” any Materials contained on this Web Site on any other server without FREESTYLE SOLUTIONS’ prior express written permission.

This revocable right terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, service marks and logos of FREESTYLE SOLUTIONS and others used in this Web Site (“Trademarks”) are the property of FREESTYLE SOLUTIONS or their respective owners. You have no right to use any such Trademarks, and nothing contained in this Web Site or these Terms grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of FREESTYLE SOLUTIONS or the respective owner, which may be granted or withheld in such party’s sole discretion.

Links to Third Party Sites

As a convenience to you and without endorsement, the Web Site contains links to web sites controlled by third parties. Such linked, third-party sites are not under the control of FREESTYLE SOLUTIONS and FREESTYLE SOLUTIONS is not responsible for the content of any linked site or any link contained in a linked site. FREESTYLE SOLUTIONS reserve the right to terminate any link at any time. You agree to assume all the risk of your use of any linked site. FREESTYLE SOLUTIONS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of this Web Site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this Web Site. You are solely responsible for maintaining, and you shall maintain, the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this Web Site as well as any activity that occurs under the use of your username/password. You shall not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this Web Site.

All information specified, and materials posted in a Secured Website by FREESTYLE SOLUTIONS are CONFIDENTIAL and PROPRIETARY to FREESTYLE SOLUTIONS and its licensors and shall only be used in connection with (i) the use of FREESTYLE SOLUTIONS software; and (ii) informational communications with other FREESTYLE SOLUTIONS customers, partners or suppliers. Use of such CONFIDENTIAL and PROPRIETARY information and materials for any other purpose is strictly prohibited. FREESTYLE SOLUTIONS and its licensors retain all rights, title and interests in and to all such information and materials.

If you violate your obligations under this section, FREESTYLE SOLUTIONS may exercise all legal and equitable rights and remedies against you.

Indemnification

You shall indemnify, defend and hold harmless FREESTYLE SOLUTIONS and its affiliates and their respective officers, employees, shareholders, directors, agents, vendors, contractors, and business partners from and against any and all third-party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this Web Site and/or any violation of these Terms.

Warranties and Disclaimers

FREESTYLE SOLUTIONS assume no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this Web Site are continuously updated or otherwise contain current information. FREESTYLE SOLUTIONS is not responsible for supplying content or materials from the web site that have expired or have been removed. THIS WEB SITE AND THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIDS, AND ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY DISCLAIMED AND EXCLUDED.

IN NO EVENT SHALL FREESTYLE SOLUTIONS OR ITS SUPPLIERS BE LIABLE FOR (i) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF FREESTYLE SOLUTIONS GROUP OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY DAMAGES IN EXCESS OF THE LESSER OF (x) THE FEES PAID BY YOU FOR USE OF THIS WEB SITE IN THE IMMEDAITELY PRECEDING 12-MONTH PERIOD; and (y) ONE HUNDRED DOLLARS ($100.00.

Governing Law and Jurisdiction

The Web Site is controlled by FREESTYLE SOLUTIONS from its head office in New Jersey. All matters relating to your access and use of this Web Site and any disputes arising with respect to such use or under these Terms shall be governed by the federal laws of the United States and the laws of the State of New Jersey. You agree and submit to the exclusive jurisdiction of the courts sitting in New Jersey for the resolution of any such dispute.
You shall not access, download, use or export the site materials, products or services contained on the Web Site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Your Privacy and Your Trust are Important to Us

This Web Site, is owned and operated by FREESTYLE SOLUTIONS. FREESTYLE SOLUTIONS may collect personal and non-personal information on this Web Site. This privacy statement describes and explains to users our practices concerning information collected from this Web Site. If you have any questions regarding the practice summarized in this Privacy Statement, please send an email, with the subject heading “Privacy Statement Question,” to marketing@freestylesolutions.com, Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in the Terms.

Information Collection and Use

You have complete control over your personal information and can visit our Web Site without providing us with any personal information. Personal information means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. Our Web Site is designed to inform interested users about FREESTYLE SOLUTIONS products and services, and to collect certain contact information from such users (including but not limited to name, email, company, street address and phone number). The submission of personal information is voluntary. If you choose to provide personal information, we may use the personal information that we collect for various purposes including:

to contact a user about their business and their interest level in FREESTYLE SOLUTIONS software and services;

in our internal surveys, to obtain feedback on our products, our Web Site, or on other aspects of our business; and

to send promotional or informational materials and news at no charge.

All information is confidential and will never be sold or rented to any other party. Data may be shared if required by state or federal law or if the requesting company’s best interests might be served by one of our partner or sister companies. We may create non-personal information records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. we use this non-personal information to analyze request and usage patterns so that we may enhance the content of the Web Site and related services. FREESTYLE SOLUTIONS reserves the right to use non-personal information for any purpose and disclose non-personal information to third parties in its sole discretion

We may share some or all of your personal information with subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

Regardless of any choices you make regarding your personal information, FREESYTLE SOLUTIONS may disclose personal information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on FREESTYLE SOLUTIONS; (c) to protect or defend the rights or property of FREESYTLE SOLUTIONS or users of the Web Site; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or the Terms.

California Residents. Your California Privacy Rights (As Provided by California Civil Code section 1798.83). California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses that share customer personal information with third parties for the third parties’ direct marketing purposes to respond to requests from California customers asking about the businesses’ practices related to such information-sharing. Alternately, such businesses may have in place a policy not to disclose a customer’s personal information to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. You can opt-out of our sharing of your personal information with third parties for the third parties’ direct marketing purposes by claiming your profile and selecting how your personal information is used. To find out more about your opt-out rights, please contact us at the address listed below. Please note that under California law businesses are only required to respond to a customer making such a request once during any calendar year.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out penalties for violations. We may use the personal information that we collect for various purposes including:

Send information, respond to inquiries, and/or other requests or question

Process orders and to send information and updates pertaining to orders.

Send you additional information related to your product and/or service

Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

Not to use false or misleading subjects or email addresses.

Identify the message as an advertisement in a reasonable way.

Tell recipients where we are located, i.e. the physical address of our business.

Provide instructions on how to opt out of receiving future email from us.

Honor opt-out/unsubscribe requests promptly.

If one is used, monitor third-party email marketing services for compliance.

If at any time you would like to unsubscribe from receiving future emails, you can email us at marketing@freestylesolutions.com, or follow the instructions at the bottom of each email.

Changes to this Privacy Policy

This Privacy Policy is subject to amendment from time to time, and if we make any material changes in the way we use your personal information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Web Site. Any changes to this Privacy Policy will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Web Site. These changes will be effective immediately for new users of our Web Site. Please note that at all times you are responsible for updating your personal information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of personal information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Web Site or any related services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.